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contributor’s employer, along with the contributor’s occupation.

All currency
contributions must be reported in detail, regardless of the amount. Currency
contributions must be reported either on Form R-1, or Form C-1, whichever is
appropriate for your campaign.

b. Contributions by Check or Other Negotiable Instrument

Contributions of greater than $200 during an election must be made by check or


other negotiable instrument (hereafter, collectively referred to as “check”). When a
contribution is received by check, the contributor must be identified as follows:

1) The individual signing the check is the contributor when a check is drawn
on a single or joint account which that individual owns. If, on a joint
account, both owners of the account sign the check, and no other written
instructions accompany the check, the amount of the check is attributed
half to each person signing the check. If written instructions signed by
each of the joint account owners specify a different allocation of the funds,
the specified allocation applies. For example, assume a candidate receives
a check drawn on the account of “John and Mary Smith” in the amount of
$1,200, and John Smith signs the check. The candidate must report that he
or she received a $1,200 contribution from John Smith. If, in the same
example, both John and Mary Smith sign the check, the candidate must
report receiving a $600 contribution from John Smith and a $600
contribution from Mary Smith. Again, in the same example, if both John
and Mary Smith sign the check, and accompany the check with written
instructions, signed by both, indicating that $500 should be allocated to
John Smith and $700 to Mary Smith, the candidate must report a $500
contribution from John Smith and a $700 contribution from Mary Smith.
Note: Occupation and employer information is required for both John
and Mary Smith in this case.

2) If the check is signed by an authorized representative of a corporation,


labor organization, group, or association, the contributor is the
corporation, labor organization, group, or association. The person signing
the check (i.e., the bookkeeper, or the accountant) is not the contributor.
Similarly, if a check is received from a candidate committee, joint
candidates committee, political party committee, continuing political
committee, legislative leadership committee, or political committee, the
contributor is the respective committee and not the treasurer who signed
the check.

3) If the check is drawn on an account of an individual, but signed by the


individual’s trustee or guardian, the contributor is the individual, not the
trustee or guardian.

4) If the check is drawn on an account of a sole proprietor that is an


unincorporated business, the contributor is the individual who is the sole
proprietor and the sole proprietor’s signature must appear on the check, or

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H. CONTRIBUTIONS FROM AN ESTATE

A contribution drawn on an account of an estate is attributable to the decedent,


and the contribution limit applicable to an individual must be used. In order for the
contribution to be accepted, the contribution check must be drawn on an account of an
estate that has been admitted to probate, and the will of the decedent must provide a
specific bequest authorizing the contribution to the recipient candidate or committee.

I. CONTRIBUTIONS FROM A MINOR

A “minor” is any person under the age of 18 years. A contribution by a minor is


attributed to the legal guardian(s) of the minor unless:

a. the minor is 14 years of age or older;

b. the contribution is made from funds comprised of the minor’s earned income;
and,

c. sworn statements made by the minor and by the minor’s legal guardian(s) are
submitted with the contribution which state that the decision to contribute was
solely that of the minor and that the funds used to make the contribution were
comprised solely of the minor’s earned income.

J. CONTRIBUTIONS FROM A PARTNERSHIP, A LIMITED LIABILITY


PARTNERSHIP, OR A LIMITED LIABILITY COMPANY

A partnership, limited liability partnership, and a limited liability company


are not permitted to make contributions as entities. A contribution drawn on the
account of a partnership, limited liability partnership, or limited liability company must
be signed by a partner(s) or member(s) and is a contribution from the partner or member
who has signed the check or written instrument. In the case of a currency contribution,
the partner or member who makes the contribution will be considered to be the
contributor.

If it is the intent of the contributor that any portion of the contribution drawn on
the account of a partnership, limited liability partnership, or a limited liability company is
to be attributed to a partner or individual who did not sign the check or written
instrument, the following written information must be received and maintained by the
treasurer:

1) written instructions concerning the allocation of the contribution amount to a


contributing partner, or among contributing partners; and

2) a signed acknowledgment of the contribution from each contributing partner


who has not signed the contribution check or written instrument; and

3) contributor information for each contributing partner (see the "Record


Keeping" section in this Manual).

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